Pedone v. Title Guarantee & Trust Co.

In an action at law to recover the purchase price of a first guaranteed mortgage certificate, after rescission and tender, on the ground of false representations, the parties waived a jury and entered into a stipulation as to the facts. In part, the stipulation pertained to what the testimony of witnesses would be if called, and did not state ultimate facts as to particular representations. However, the parties proceeded to a decision on the theory that there was no dispute as to the facts, and that representations were made “ either directly or inferentially ” that the certificate was a…